Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the elimination of controls on persons crossing internal frontiers (COM(95) 0347 - C4-0468/95 - 95/0201(CNS)) (Consultation procedure)
Date: 1996-10-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: airport, border control, customs inspection, foreign national, free movement of persons, harbour installation, internal border of the EU, police checks, third country













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51996AP0219

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the elimination of controls on persons crossing internal frontiers (COM(95) 0347 - C4-0468/95 - 95/0201(CNS)) (Consultation procedure)  


Official Journal C 347 , 18/11/1996 P. 0060 





A4-0219/96Proposal for a Council Directive on the elimination of controls on persons crossing internal frontiers (COM(95)0347 - C4-0468/95 - 95/0201(CNS))The proposal was approved with the following amendments:(Amendment 1)Recital -1 (new)>Text following EP vote>Whereas Article 3 of the Treaty provides for an internal market characterized, inter alia, by the abolition, as between Member States, of obstacles to the free movement of persons and measures concerning the entry and movement of persons in the internal market;(Amendment 2)Recital 1>Original text>Whereas Article 7a of the Treaty provides for the establishment of the internal market, which is to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaty;>Text following EP vote>Whereas Article 7a of the Treaty provided for the establishment, by 31 December 1992, of the internal market, to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaty;(Amendment 3)Recital 3>Original text>Whereas the Community and the Member States have decided to take the measures they deem essential for eliminating the underlying reasons for the application of frontier controls and formalities under national law;>Text following EP vote>Deleted(Amendment 4)Recital 4>Original text>Whereas the relevant accompanying measures have been introduced satisfactorily;>Text following EP vote>Whereas the free movement of persons is laid down by the Treaty and hence cannot be made dependent on accompanying measures;(Amendment 11)Recital 7a (new)>Text following EP vote>Whereas no distinction may be made or discrimination shown between beneficiaries of the right of free movement of persons, whether they are citizens of the Union or legal residents;(Amendment 10)Article 2(1)>Original text>1. A Member State may, in the event of a serious threat to public policy, or public security, reinstate controls at its frontiers within the Community for a period of not more than thirty days. Any Member State taking such action shall immediately notify the Commission and the other Member States, supplying them with all the appropriate information.>Text following EP vote>1. A Member State may, in the event of a real serious threat to public policy or public security, reinstate controls at its frontiers within the Community for a period of not more than thirty days. Any Member State taking such action shall immediately notify the Commission, the European Parliament and the other Member States, supplying them with all the appropriate information.(Amendment 6)Article 3(2) and (3)>Original text>2. 'intra-Community flight' means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;>Text following EP vote>2. 'intra-Community flight' means the movement of an aircraft between two Community airports, without any stopovers outside the Community, and which does not start from or end at a non-Community airport;>Original text>3. 'intra-Community sea crossing' means the movement between two Community ports, without any intermediate calls, of a vessel plying regularly between two or more specified Community ports;>Text following EP vote>3. 'intra-Community sea crossing' means the movement between two Community ports, without any intermediate calls outside the Community, of a vessel plying regularly between two or more specified Community ports;(Amendment 7)Article 4>Original text>No later than two years after implementation of this Directive, and every three years thereafter, the Commission shall report on its application to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.>Text following EP vote>No later than one year after implementation of this Directive, and every two years thereafter, the Commission shall report on its application to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.(Amendment 13)Article 5, first paragraph>Original text>Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1996. They shall immediately inform the Commission thereof and shall also transmit to it a table showing the correlation between each of the provisions of this Directive and the relevant provisions of national law, irrespective of whether these predate this Directive or are approved for the specific purpose of transposing it.>Text following EP vote>In order to meet the requirement set out in Articles 3 and 7a of the Treaty, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive as rapidly as possible after their adoption at national level and not later than 31 December 1996. They shall immediately inform the Commission thereof and shall also transmit to it a table showing the correlation between each of the provisions of this Directive and the relevant provisions of national law, irrespective of whether these predate this Directive or are approved for the specific purpose of transposing it.Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the elimination of controls on persons crossing internal frontiers (COM(95)0347 - C4-0468/95 - 95/0201(CNS))(Consultation procedure)The European Parliament,- having regard to the Commission proposal, COM(95)0347 - 95/0201(CNS) ((OJ C 289, 31.10.1995, p. 16.)),- having been consulted by the Council pursuant to Article 100 of the EC Treaty (C4-0468/95),- having regard to Rule 58 of the Rules of Procedure,- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Social Affairs and Employment and the Committee on Legal Affairs and Citizens' Rights (A4-0219/96),1. Approves the Commission proposal subject to Parliament's amendments;2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;4. Instructs its President to forward this opinion to the Council and Commission.